Patna High Court
Shahnawaj @ Bholu @ Shahnabaj Alam AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioners under Section 482(2) of the B.N.S.S.
Summary
The petitioners, Shahnawaj and Raushani Khatoon, sought anticipatory bail fearing arrest in a case (PS No. 348 of 2025) alleging assault on an informant's son with an iron rod and a dabia. The prosecution alleged offences under Sections 126(2), 115(2), 119(1), 109, 303(2) and 3(5) of the B.N.S. The petitioners contended that the injury report showed only abrasions and lacerations, not supporting the FIR's serious allegations, and highlighted a counter‑version filed by a co‑accused’s brother, their lack of criminal antecedent, and neighbourly relations. The State opposed the bail. After hearing both sides, the Court noted the discrepancy between the alleged injuries and the medical report and the petitioners' clean record, and consequently granted anticipatory bail under Section 482(2) of the B.N.S.S., subject to a bond of Rs.10,000 with two sureties each.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the serious nature of the alleged assault offences.
- Whether the nature of the injuries, as per the medical report, undermines the allegations in the FIR.
- Whether the petitioners' lack of prior criminal record and the existence of a counter‑version affect the bail decision.
Legislation cited
Subjects
- anticipatory bail
- assault
- injury report
- criminal antecedent
- Section 482
- Bihar criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2991 of 2026
Arising Out of PS. Case No.-348 Year-2025 Thana- CHHATAUNI District- East Champaran
======================================================
1. Shahnawaj @ Bholu @ Shahnabaj Alam Ansari S/O Md Alam Ansari
Resident of Mohalla- Khodanagar, P.S- Chhatauni, District- East
Champaran.
2. Raushani Khatoon W/O Mokhtar Ansari @ Bachau Resident of Mohalla-
Khodanagar, P.S- Chhatauni, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prateek Tandon, Adv.
For the Opposite Party/s : Mr. Yogendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners are apprehending their arrest in
connection with Chhatauni P.S. Case No. 348 of 2025 dated
13.06.2025 registered for the offence punishable under Sections
126(2), 115(2), 119(1), 109, 303(2), 3(5) of the B.N.S.
3. As per prosecution case, the accusation against
the accused persons including the petitioners is of assaulting the
Informant’s son Farhan Azad. When the Informant came for his
rescue, the accused persons also assaulted him. It is alleged that
the both the petitioners assaulted the Informant’s son by means
of iron rod and Dabia.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.2991 of 2026(3) dt.20-02-2026
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the nature of injury caused does not corroborate the allegation
leveled in the F.I.R. The Injury report, which has been called
for, suggests the injuries being caused owing to abrasion and
there are lacerated wounds. There is counter version of the
entire incident which is said to have been lodged by the brother
of the co-accused Mokhtar Ansari being Chhatauni P.S. Case
No. 352 of 2025. Lastly, it is submitted that both the parties are
next door neighbours and the petitioners bear no criminal
antecedent.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail of the petitioners.
6. Having heard learned counsel for the parties and
considering the fact that the nature of injuries does not
corroborate the allegation leveled in the F.I.R. and the
petitioners having no criminal antecedent, this Court is inclined
to grant privilege of anticipatory bail to the petitioners.
7. Accordingly, let the above named petitioners, be
released on bail, in the event of their arrest or surrender before
the learned Court below within a period of six weeks from
today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate, East
Patna High Court CR. MISC. No.2991 of 2026(3) dt.20-02-2026
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Champaran, Motihari in connection with Chhatauni P.S. Case
No. 348 of 2025, subject to the conditions as laid down under
Section 482(2) of the B.N.S.S.
(Ajit Kumar, J)
rishi/-
U T
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